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(영문) 수원지방법원성남지원 2015.06.23 2014가합206538
대여금
Text

1. The defendants are jointly and severally liable to the plaintiff 2,500,000,000 won and the plaintiff 2,50,000 won from September 30, 2002 to May 16, 2006.

Reasons

1. Facts of recognition;

A. On July 30, 2002, Defendant C prepared and delivered the following loan certificates to the conjunctive Plaintiff, who was the president of “E” affiliated with the primary Plaintiff (hereinafter “first loan certificates”).

At the time, Defendant D agreed to provide joint and several surety for Defendant C’s above loan obligations, and affixed a seal to his name stated in the column of the guarantor of the first certificate of use.

Amount: 2.5 billion won (amount on the next day) first, April 13, 2001: 1 billion won; second, July 30, 2002: 80 million won; third, September 30, 2002: 70 million won per annum; 8% per annum; and deposit in the passbook each month.

(Repayment of Principal) 500 million won by the end of 2007 to the end of 2011

B. On May 17, 2006, the Plaintiff and Defendant C agreed to lower the interest rate for the borrowed amount to 5% per annum, and Defendant C prepared and delivered again to the preliminary Plaintiff with the following borrowings (hereinafter “the second loan certificate”).

At the time, Defendant D signed and sealed on the guarantor column of the second proof.

Amount: 2.5 billion won (amount on the next day) first, April 13, 2001: 1 billion won, second, July 30, 2002: 80 million won, third, and September 30, 2002: 70 million won per annum and deposit in the passbook each month.

(Repayment of Principal) 500 million won by the end of 2007 to the end of 2011

C. E is a social welfare facility that belongs to the primary plaintiff and owns the primary plaintiff, and the accounting of them is in accordance with the accounting rules of the primary plaintiff, and the performance and budget of each fiscal year must be submitted to the primary plaintiff and the head of Seocheon-gu Acheon-gu. In the event of dissolution, the remaining property after liquidation shall belong to the primary plaintiff.

In addition, the director letter of E shall be appointed as the personnel order of the principal of Bocheon-gu A, the director letter of E shall exercise overall control over the operation of facilities on behalf of E, and conduct affairs such as the execution of funds.

[Ground for recognition] Defendant C: Confession (Article 150(3) of the Civil Procedure Act); Defendant D: The absence of dispute; entries in Gap evidence 1, 5, 7, and 9; the result of the preliminary question of the plaintiff himself; the purport of the whole pleadings

2. The primary description;

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